I FOR THE DISTRICT OF DELAWARE,
MARK BEKIER and RENEE BEKIER, :
Plaintiff, `
_ v. CA. No.: 1:l)7··cv—0()626~—J.lF
COMMONWEALTH CONSTRUCTION
COMPANY, INC., :
Defendant. V
JOINT PROPOSED RULE 16 SCHEDULING ORDER
The parties have satisiied their obligations under Fed. R. Civ. P. 26(f),
ITIS ORDERED that:
1. Pre—Discovery Disclosures. The parties {have exchanged] [will exchange] by
_ the information required by Fed. R. Civ. P. 26(a) (1) and D. Del. LR 16.1. ·
2. Joinder of other Parties. All motions to join other parties shall be tiled on or before
3. Settlement Conference. Pursuant to 28 U.S.C. §636, this matter is referred to Magistrate
Judge for the purposes of exploring the possibility of a settlement. If the parties agree that
they would benefit from a settlement conference, the parties shall contact the Magistrate Judge to
schedule a settlement conference so as to be completed no later than the Pretrial Conference or a date
ordered by the Court.
4. Discovery. ·
(a) Exchange and completion of lnterrogatories, identification of all fact witnesses and
document production shall be commended so as to be completed by
{b) Maximum of 75 Interrogatories by each party to any other party. M
(c) Maximum of 30 request for admission by each party to any other party.
(d) Maximum of 10 depositions by plaintiftls) and 10 by defendant(s). Depositions shall not
commence until the discovery required by Paragraph 4 (a, b, c) are completed.
(e) CaR%ploiQd i·)e§§i?1e`iiJ
with the burden of proof on the issue the expert is offered by , rebuttal reports due by
(1) Any party desiring to clepose an expert witness shall notice and complete said deposition
no later than thirty (3 0) days from receipt of said expert’s report, unless otherwise agreed in writing by the
parties.
5. Non—Case Dispositive Motions. V
- (a) Any non-case dispositive motion, along with an Opening Brief, shall be tilted with a Notice
of Motion. The Notice of Motion shall indicated the date on which the movant seeks to have the motion
heard. The hearing date selected shall allow time for tiling of the motion, allow for briefing in accordance
with the Federal and Local Rules, and shall permit all briefing to be tiled no later than 12:00 noon the
Friday before the motion day on which it is to be heard. Available motion dates will be posted on the
Court’s website at: http://wvvw.ded.uscouzts.gov/JJFmain.htm.
(b) At the motion hearing, each side will be allocated ten (i0) minutes to argue and respond to
questions from the Court. L
l _ (c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent to Chambers by e—
mail at:
[email protected].
6. Amendment of the Pleadings. All motions to amend the pleading shall be tiled on or
‘ before . l
7. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal Rules of
- Civil Procedure, shall be served and tiled with an opening brief on or before . Briefing shall be
pursuant to D. Del. LR 7.1.2. No case dispositive motion may be tiled more than ten (10) days from the
above date without leave ofthe Court. l
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the Clerk of the Court
in compliance with the Federal Rules of Civil Procedures and the Local Rules of Civil Practice for the
United States District Court for the District of Delaware (Amended Effective June 30, 2007). Any non—
dispositive motion shall contain the statement required by D. Del. LR 7.1.1. and be made in accordance
with the CoC1Yr@’%Qi`
cases (ppg gg cases excluded). Briefs shall be limited to no more than ten (l0) pages. Parties may tile
stipulated and unopposed Orders with the Clerk of the Court for the Court’s review and signing. The
Court will not consider applications and requests submitted by letter or in a" form other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall he made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of the Court shall
e—rnail Chambers at: [email protected]. gov. The e-mail shall providea short statement describing
the emergency. U
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed Scheduling Order,
the Court will schedule a Pretrial Conference. I nl
The Court will determine whether the trial date should be scheduled when the Scheduling Order is
entered or at the Pretrial Conference. If scheduling of the trial date is deferred until the Pretrial
Conference, the parties and counsel shall anticipate and prepare for a trial to be held within sixty (60) to
ninety (90) days ofthe Pretrial Conference. C
were\p1eaes¤gs\Bekier~R¤1e 16 scheduling wider
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